18027_Translyvania Tanning Co_LURU Model

NC BROWNFIELDS
Land Use Restrictions (“LUR”) UPDATE
Year Certification Made:2021Project:
Project Number:
Address:County:Property Owner (In part or whole) /Association:
Read the following LURs and mark each restriction accordingly. Additional remarks may be added for compliance status clarification. Attach any required or supplemental documentation,
sign, notarize and submit to the following address or email:
NC Division of Waste Management
Attn: Brownfields Property Management Unit
1646 Mail Service Center
Raleigh, NC  27699-1646
[e-mail]
No use may be made of the Brownfields Property other than for recreational,greenway, open space, parking and with prior written Department of Environmental Quality (“DEQ”) approval,
other commercial uses.For purposes of this restriction, the following definitions apply:
“Recreational” defined as any land owned by the public and open for useby the general public for active (including playgrounds) or passive recreational purposes or as arefuge for wildlife.
“Greenway” defined as a natural or constructed corridors traversingopen space, which may be used for pedestrian or bicycle passage. Greenways typically linkareas of activity. such as
parks, cultural features, or historic sites with each other and withpopulated areas.
“Parking” defined as the temporary accommodation of motor vehiclesin an area designed for same.
“Open Space., defined as land maintained in a natural or landscapedstate and used for natural resource protection, buffers, detention facilities for stormwater.
“Commercial” defined as an enterprise carried on for profit or nonprofitby the owner, lessee or licensee.
In compliance Out of compliance
Remarks:
Unless compliance with this LUR is waived in writing byDEQ in advance in regard to particular activity, no activities that encounter, expose, remove oruse groundwater (for example, installation
of water supply wells, ponds, lakes or swimmingpools, or construction or excavation activities that encounter or expose groundwater) may occuron the Brownfields Property unless and until
DEQ states in writing, in advance of the proposedactivity, that said activity may occur if carried out along with any measures DEQ deemsnecessary to ensure the Brownfields Property will
be suitable for the uses specified inLUR 1 above while fully protecting public health and the environment. Priorsampling and analysis of groundwater to the written satisfaction of DEQ
in any areas proposedfor such activities, and submittal of the analytical results to DEQ is required. If such resultsreflect contaminant concentrations that exceed the standards and
screening levels applicable tothe uses authorized for the Brownfields Property, the groundwater-related activities proposedmay only occur in compliance with any written conditions DEQ
imposes.
In compliance Out of compliance
Remarks:
Physical redevelopment of the Brownfields Property may not occur other thanin accord, as determined by DEQ, with an EMP approved in writing by DEQ in advance (andrevised to DEQ's written
satisfaction prior to each subsequent redevelopment phase) that isconsistent with all the other land use restrictions and describes redevelopment activities at theBrownfields Property,
the timing of redevelopment phases, and addresses health, safety andenvironmental issues that may arise from use of the Brownfields Property during construction orredevelopment in any
other form, including without limitation:
soil and water management issues, including without limitation thoseresulting from contamination identified in the Environmental Reports;
issues related to potential sources of contamination referenced inExhibit 2 of the Agreement;
contingency plans for addressing, including without limitation thetesting of soil and groundwater, newly discovered potential sources of environmentalcontamination (e.g., USTs, tanks,
drums, septic drain fields, oil-water separators, soilcontamination); and
plans for the proper characterization of, and, as necessary, disposal ofcontaminated soils excavated during redevelopment.
In compliance Out of compliance
Remarks:
Soil in the area designated “Area of Possible Lead Soil Contamination” on theplat component of the Notice referenced in paragraph 16 of the Agreement shall not be accessible to thepublic
for any purposes unless and until a plan for its safe management, as determined by DEQ,is approved in advance and in writing by DEQ.
In compliance Out of compliance
Remarks:
Soil may not be removed from, or brought onto, the Brownfields Propertywithout prior sampling and analysis to DEQ's satisfaction and the written approval of DEQ,unless conducted in accordance
with an approved EMP as outlined above in LUR 3.
In compliance Out of compliance
Remarks:
A work plan for the proper closure and management of the concrete vault andits contents, as depicted on the plat component of the Notice referenced in paragraph 16 of the Agreement,shall
be submitted to and approved in writing in advance by DEQ within 60 days of therecordation date of the Agreement.
In compliance Out of compliance
Remarks:
No enclosed building may be constructed on the Brownfields Property, and noexisting building, defined as those depicted on the plat component of the Notice referenced inparagraph 16,
below, may be occupied until DEQ determines in writing that:
the building is or would be protective of the building's users, publichealth and the environment from risk of vapor intrusion based on Brownfields Propertyassessment data or a site-specific
risk assessment approved in writing by DEQ;
the building is or would be sufficiently distant from the BrownfieldsProperty's groundwater and/or soil contamination based on assessment data approved in writingby DEQ that the building's
users, public health and the environment will be protected from riskfrom vapor intrusion related to said contamination; or

vapor intrusion mitigation measures are installed and/or implementedto the satisfaction of a professional engineer licensed in North Carolina, as evidenced by saidengineer's professional
seal on a report that includes photographs and a description of theinstallation and performance of said measures. Any design specification for vapor intrusionmitigation measures shall
be approved in writing by DEQ in advance of installation and/orimplementation of said measures. The design specifications shall include methodology(ies) fordemonstrating performance
of said measures.
In compliance Out of compliance
Remarks:
As part of the Land Use Restrictions Update described below inLUR 14 for each year after the year in which the Notice referenced below inParagraph 16 is recorded, for as long as physical
redevelopment of the Brownfields Propertycontinues ( except that the final deadline shall fall 90 days after the conclusion of physicalredevelopment), the then-owner of the Brownfields
Property shall provide DEQ a report subjectto written DEQ approval on environment-related activities since the last report, with a summaryand drawings, that describes:
actions taken on the Brownfields Property in accordance with SectionVI: Work to be Performed of the Agreement;
soil grading and cut and fill actions;
methodology(ies) employed for field screening, sampling andlaboratory analysis of environmental media;
stockpiling, containerizing, decontaminating, treating, handling,laboratory analysis and ultimate disposition of any soil, groundwater or other materials suspectedor confirmed to be
contaminated with regulated substances; and
removal of any contaminated soil, water or other contaminatedmaterials (for example, concrete, demolition debris) from the Brownfields Property (copies of alllegally required manifests
shall be included).
In compliance Out of compliance
Remarks:
Neither DEQ, nor any party conducting environmental assessment orremediation at the Brownfields Property at the direction of, or pursuant to a permit, order oragreement issued or entered
into by DEQ, may be denied access to the Brownfields Property forpurposes of conducting such assessment or remediation, which is to be conducted usingreasonable efforts to minimize interference
with authorized uses of the Brownfields Property.
In compliance Out of compliance
Remarks:
Any deed or other instrument conveying an interest in the Brownfields Propertyshall contain the following notice: “This property is subject to the Brownfields Agreementattached as Exhibit
A to the Notice ofBrownfields Property recorded in the Transylvania Countyland records, Book1012 Page 569.”A copy of any such instrument shall be sent to thepersons listed in Section
XVII (Notices and Submissions), though financial figures and otherconfidential information related to the conveyance may be redacted to the extent said redactionscomply with the confidentiality
and trade secret provisions of the North Carolina Public RecordsLaw. The owner conveying an interest may use the following mechanisms to comply with theobligations of this subparagraph:
(i) If every lease and rider is identical in form, the ownerconveying an interest may provide DEQ with copies of a form lease or rider evidencingcompliance with this subparagraph, in
lieu of sending copies of actual, executed leases, to thepersons listed in Section XVII (Notice and Submissions); or (ii) The owner conveying an interestmay provide abstracts of leases,
rather than full copies of said leases, to the persons listed inSection XVII.
In compliance Out of compliance
Remarks:
The owner of any portion of the Brownfields Property where any existing, orsubsequently installed, DEQ-approved monitoring well is damaged by the owner, its contractors,or its tenants
shall be responsible for repair of any such wells to DEQ's written satisfaction andwithin a time period acceptable to DEQ, unless compliance with this LUR iswaived in writing by DEQ
in advance.
In compliance Out of compliance
Remarks:
The Brownfields Property may not be used for child care, adult care centers orschools without the prior written approval of DEQ.
In compliance Out of compliance
Remarks:
None of the contaminants known to be present in the environmental media atthe Brownfields Property, as described in Exhibit 2 of the Agreement and as modified by DEQin writing if additional
contaminants in excess of applicable standards are discovered at theBrownfields Property, may be used or stored at the Brownfields Property without the priorwritten approval of DEQ,
except:
in de minimis quantities for cleaning and other routine housekeeping andmaintenance activities; or
as fuel or other fluids customarily used in vehicles, landscapingequipment and emergency generators.
In compliance Out of compliance
Remarks:
During January of each year after the year in which the Notice referencedin paragraph 16 of the Agreement is recorded, the owner of any part of the Brownfields Property as ofJanuary
1stof that year shall submit a notarized Land Use Restrictions Update (“LURU”) toDEQ, and to the chief public health and environmental officials of Transylvania County,certifying that,
as of said January 1st, the Notice of Brownfields Property containing these landuse restrictions remains recorded at the Transylvania County Register of Deeds office and thatthe land
use restrictions are being complied with. The submitted LURU shall state the following:
the name, mailing address, telephone and facsimile numbers, and contactperson's e-mail address of the owner submitting the LURU if said owner acquired any part of theBrownfields Property
during the previous calendar year;
the transferee's name, mailing address, telephone and facsimilenumbers, and contact person's e-mail address, if said owner transferred any part of theBrownfields Property during the
previous calendar year; and
whether any vapor barrier and/or mitigation systems installed pursuantto LUR 7 above are performing as designed, and whether the uses of the groundfloors of any buildings containing
such vapor barrier and/or mitigation systems have changed,and, if so, how.
In compliance Out of compliance
Remarks: Notarized signing and submittal of this LUR Update constitutes certification that the Notice of Brownfields Property remains recorded at the County Register of Deeds offices
and that the LURs are being complied with.

This LUR Update is certified by , the owner of at least part of the Brownfields Property, or if appropriate another entity on behalf of some or all owners, on this day of , 20.
Name typed or printed of party making certification: [Note: additional entities or owners may be added if appropriate (i.e. multiple managing members/entities)]By:__________________________
(signature)
Name typed or printed:
Title typed or printed:
COUNTY
I certify that the following person(s) personally appeared before me this day, each acknowledging to me that he or she voluntarily signed the foregoing document for the purpose stated
therein and in the capacity indicated: . Date: ___________________________________Official Signature of NotaryNotary’s printed or typed name, Notary Public(Official Seal)My
commission expires: